HomeMy WebLinkAbout1999 06 28 Public Hearings Item B
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COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing X
Regular
June 28, 1999
Meeting
REQUEST:
The Community Development Department - Planning Division requests the City Commission
hold a public hearing for second reading and adoption of Ordinance 722 to rezone the 17.41
acre "Kingsbury property" from (county) A-I "Agriculture" to the City's C-l "Neighborhood
Commercial" District. .
PURPOSE:
The purpose of this Agenda Item is to request the Commission hold a public hearing for second
reading and consideration of Ordinance 722 to rezone the recently annexed Kingsbury 17.41 acre
parcel, located on the northwest corner of Tuskawilla Road and State Road 434. Joshi &
Associates, the contract purchaser of the property, plans to establish a sales/marketing office on
the property as part of their efforts to market the Town Center Project.
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-57 ofthe City Code states "The planning and zoning board shall serve. . .to recommend
to the City Commission the boundaries of the various original zoning districts, . .and any
amendments thereto. . .act on measures affecting the present and future movement of traffic, the
segregation of residential and business districts and the convenience and safety of persons and
property in any way dependent on city planning and zoning"
CDD/June 16, 1999/4:41 PM
JUNE 28, 1999
PUBLIC HEARING AGENDA ITEM B
Page 2
CONSIDERATIONS:
. The subject property was annexed into the City on April 26, 1999.
. The subject property (Kingsbury property) will be part of the Winter Springs Town
Center.
· The Planning & Zoning Board reviewed the proposed rezoning on May 19, 1999.
. The City Commission held a first reading of Ordinance 722 on June 14, 1999.
FISCAL IMPACT:
None
PLANNING & ZONING BOARD RECOMMENDATION:
Recommend approval to the City Commission for the request by Rohit Joshi of Joshi &
Associates, contract purchaser of the 17.41 acre parcel, from County zoning designation "A-I",
(agriculture) to City zoning designation "C-l ", (neighborhood commercial) zoning district, based
on the staff reports with the findings as outlined in our minutes here.
STAFF RECOMMENDATION:
Staff recommends the City Commission hold a public hearing for first reading and consideration
of Ordinance 722 to rezone the 17.41 acre Kingsbury parcel from (county) A-I "Agriculture" to
the city's C-l "Neighborhood Commercial" District.
IMPLEMENTATION SCHEDULE:
Ordinance for rezoning would take immediate effect upon adoption at the June 28th City
Commission meeting.
CDD/June 16, 1999/4:41 PM
JUNE 28, 1999
PUBLIC HEARING AGENDA ITEM B
Page 3
ATTACHMENTS:
A. Ordinance 722
B. Map of Kingsbury Property
C. Rezoning Application
D. StafTReport
E. Minutes of Planning & Zoning Board, May 19,1999 Meeting
COMMISSION ACTION:
CDDlJWle 16, 1999/4:41 PM
ATTACHMENT A
ORDINANCE 722
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, REZONING A 17.41 ACRE
PARCEL OF LAND LOCATED ON THE NORTHWEST
CORNER OF S.R 434 AND TUSKA WILLA ROAD FROM ITS
PRESENT COUNTY DESIGNATION OF A-I "AGRICULTURE"
TO CITY DESIGNATION C-l "NEIGHBORHOOD
COMMERCIAL" PURSUANT TO 171.044(1)(2) and 166.041
FLORIDA STATUTES; PROVIDING FOR SEVERABILITY;
CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, the applicant, Joshi & Associates, the contract purchaser of the
following described property, has petitioned the City of Winter Springs to rezone the
subject property;
WHEREAS, the City Commission of the City of Winter Springs, Florida
has determined it to be in the best interests of the health, safety and welfare of the
citizens of Winter Springs, Florida to change the zoning designation from its
present county designation of A-I "Agriculture" to City designation C-I
"Neighborhood Commercial" on the following real property situate in Winter
Springs, Florida as a result of adoption of Ordinance 685 on April 26, 1999:
NOW, THEREFORE, THE CITY OF WINTER SPRJNGS, FLORIDA
HEREBY ORDAINS;
SECTION I - That the City of Winter Springs rezones the following described
real property:
THAT PART OF BLOCK "B" OF D.R. MITCHELL'S SURVEY
OF THE LEVY GRANT ON LAKE JESSUP, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1,
PAGE 5 OF THE PUBLIC RECORDS OF SEWNOLE
COUNTY, FLORIDA LYING NORTHERL Y OF OVIEDO
ROAD, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 6, PAGE 74 AND 75 OF THE
PUBLIC RECORDS OF SEMlNOLE COUNTY, FLORIDA;
LESS BEGIN AT THE INTERSECTION OF THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID OVIEDO ROAD AS IT
EXISTED ON 10 JULY, 1969 (BElNG 30 FEET NORTHERLY
OF, AT RIGHT ANGLES TO, AND PARALLEL WITH THE
CENTERLINE OF SAID OVIEDO ROAD) WITH THE
SOUTHERLY RIGHT-OF-WAY LINE OF 1ST STREET, A 30
FOOT RIGHT-OF-WAY AS IT EXISTED ON 10 JULY, 1969
AND RUN S 19 50' IS" e ALONG SAID NORTHERLY RIGHT-
OF-WAY LINE OF OVIEDO ROAD 520.08 FEET; THENCE,
LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE RUN N
50 09' 45" e 335.34 FEET TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF SAID 1ST STREET; THENCE, N 72 60' IS" W
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE 618.86
FEET TO THE POINT OF BEGINNING; AND ALSO LESS
RIGHTS-OF-WAY FOR STATE ROAD 434, 1ST STREET, AND
BRANTLEY AVENUE ACCORDING TO SAID PLAT OF D.R.
MITCHELL'S SURVEY OF THE LEVY GRANT ON LAKE
JESSUP THAT MAY HAVE BEEN ACQUIRED BY THE CITY
OF WINTER SPRINGS, SEMlNOLE COUNTY, OR THE
STATE OF FLORIDA SINCE 10 JULY, 1969.
SECTION IT -
SEVERABILITY
If any section or portion of this Ordinance proves to be invalid, unlawful or
unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of
any other section or portion of a section or subsection or part of this Ordinance.
SECTION ill -
CONFLICTS
That all Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
SECTION IV - EFFECTIVE DATE
This Ordinance shall take effect immediately upon adoption, in accordance with
166.041(4) Florida Statutes and Section 4. 15(c) of the City Charter.
PASSED AND ADOPTED this 28thday of JUNE
, 1999.
YOR
ATIEST:
cl ~~~+J~____
ANDREA-I:dRENZO-LUACES
INTERIM CITY CLERK
FIRSTREADlNG JUNE 14~ 1999
POSTED JUNE 15, 1999
SECOND READING AND PUBLIC HEARING JUNE 28, 1999
ATTACHMENT B
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ATTACHMENT C
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
APPLICATION FOR REZONlNG
APPLICANT: Joshi, Rohit
Last
First
Middle
ADDRESS:
P.O. Box 916328
Longwood, FL.
City
State
32791-6338
Zip Code
PHONE:
(407)327-5985
If applicant does not own the property, 'provide' the following:
OWNER:
Last
First
Middle
) ADDRESS:
City
State
Zip Code
PHONE:
This is a request for ch~nge of zoning designation from
(County) A-I "Agriculture"
described below.
..
to C-l "Neighborhood Commercialon the. property
Future Land Use Map Classification (County) "Commercial"
Tax Parcel Number: 26-20-30-5AR-OBOO-0000, & 0003
Size of Parcel:
17.41 Acres
sq. ft /acres.
Address of Property proposed for change of Zoning Designation:
ADDRESS: (Vacant Land - No Address)
)
City
State
Zip Code
"
Reason(s) and justification(s) for request of change to present
zoning designation.
To be allowed to locate a real estate/marketing sales office on the property_
TO BE SUPPLIED AT TIME OF SUBMISSION OF APPLICATION:
* A copy of the most recent survey of the subject property.
* A copy of the legal description.
* Notarized authorization of the owner (if applicant is
other thap owner or attorney for owner).
* Rezoning Application Fee, which includes:
* $ 300 plus $ 25 per acre or portion of acre to
be rezoned, plus
* Actual cost of public hearing notice printed
in newspaper, plus
* $ 1.00 for each notification letter to
abutting property owner.
****************************************************************
FOR USE WHEN APPLICANT IS THE OWNER OF SUBJECT PROPERTY
This is .to certify than I am the owner in fee simple of subject
lands described above in the Application for Rezoning.
'----'
Sworn ~~ and subscribed before me
th~'aay Of~~
19:2..:L-
Personally Known. C // 5
''1-.. Produced Identification jtype of 1.0. 7-/7 ~5 /
..~'I' "VI
.,0'6(-<-
.~ JiIJ,;
-f' ~. ~...
SYL VI^ P DENSON
My Com",;"";,,n CCS0831 0
E'xpffn, Nov. 06.1999
Did take an oath
----Did not take an oath
. )
***************************************************************
FOR USE WHEN APPLICANT IS NOT THE OWNER OF SUBJECT PROPERTY
SIGNATURE
Sworn ~9~and subscribed before me
this~tJ:ay Of/~'~
Personally Known C li -
~Produced Identification /type of I. D / 7 ~ ,L) /.!;J
Did take an oath
----Did not take an oath
-'-- - :{}f'::l ~~~~r.
. ..--..... ..
':_-':-i~:,:
':/rOF /\..~...'
A'ft.VIA P DENSON
My Commission CC508318
EMPIr... Nov. 08.1999
)
REZONINGS ARE SUBJECT TO THE APPROVAL OF THE CITY COMMISSION. THE
REZONING IS NOT EFFECTIVE UNTIL THE NOTICE AND VOTE REQUIREMENTS OF
166.041 FLORIDA STATUTES HAVE BEEN ACHIEVED.
APPLICANTS ARE ADVISED, THAT IF THEY DECIDE TO APPEAL ANY-DECISIONS
MADE AT THE MEETINGS OR HEARINGS, WITH RESPECT TO ANY MATTER
CONSIDERED AT THE MEETING OR HEARING, THEY WILL NEED A RECORD OF
THE PROCEEDINGS AND, FOR SUCH PURPOSES, THEY-WILL NEED TO INSURE
THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, AT THEIR COST,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED, PER 286.0105, FLORIDA STATUTES.
)
<I 1.N:iWH;JV 1.1. V
"
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708.2799
Telephone (407) 327.1800
Community Development Dept.
Planning Division
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PLANNING AND ZONING BOARD AGENDA ITEM:
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II. A. "KINGSBURY REZqNING" (REZ-2-99)
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STAFF REPORT: I
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APPLICABLE LAW AND PU~LIC POLICY:
!
Sec. 20-57 of the City Code states "Th~ planning and zoning board shall serve. . .to recommend to the
City Commission the boundaries of the ~arious original zoning districts. . .and any amendments thereto, .
.act on measures affecting the present apd future movement of traffic, the segregation of residential and
business districts and the convenience ahd safety of persons and property in any way dependent on city
planning and zoning," I
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I. BACKGROUND:
APPLICANT:
OWNER:
Rohit Joshi
P. O. Box 916328
Longwood, FL
(407) 327-5985
Laverne and June Kingsbury
150 Tuskawilla Road
Winter Springs, FL 32708
(407) 327-1916
REQ UEST:
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For change of zoning designation frbm Seminole County's designation of A-I "Agriculture" to the
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City's designation of C-l "Neighborhood Commercial"..
PURPOSE:
Applicant wishes to establish a said/marketing office on the property as part of their efforts to market
the Town Center Project.
-
A. SITE INFORIVIA TION
L PARCEL NUMBER:
.
26-20-30-5AR-OBOO-00:00
26-20-30-5 AR-OBOO-0003
2. ACREAGE:
;
17.41 acres i
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3. GENERAL LOCATIdN:
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Close to the intersection! of S.R. 434 and Tuskawilla Road, on the north side.
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4. LEGAL DESCRIPTION:
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ALL UNPLOTTED PART OF BLOCK "B", THAT IS ON THE EAST SIDE OF
OVIEDO-SANFORD BRICK ROAD OF D.R. MITCHELL'S SURVEY OF THE LEVY
GRANT ON LAKE JESSUP, ACCORDING TO THE PLAT THEREOF AS
,
RECORDED IN PLAT !BOOK 1, PAGE 5, OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY,! FLORIDA; LESS BEGIN AT THE INTERSECTION OF THE
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EASTERLY RIGHT-Or-WAY OF THE SANFORD-OVIEDO ROAD AND THE
NORTHERLY LINE Of THE UNPLOTTED PART OF SAID BLOCK "B", RUN S 39
50' IS" e ALONG THE! EASTERLY RIGHT-OF-WAY OF SANFORD-OVIEDO
ROAD 520 FEET. TmtNCE N 50 09' 45" E 335.54 FEET TO THE NORTH LINE OF
THE UNPLOTTED PART OF SAID BLOCK "B", THENCE N 72 40' IS" W ALONG
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SAID NORTH LINE 5 ~8.86 FEET TO THE POINT OF BEGINNING.
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5. CHRONOLOGY:
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The property has been i1 the unincorporated area of the county. On
April 26, 1999, the City /Commission annexed the property into the City.
.
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6. DEVELOPMENT TRtNDS:
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Recently the Florida Department of Transportation widened S.R. 434 from the
intersection ofS.R. 434 fnd S.R. 419 to Tuskawilla Road. Presently, road widening of
S.R. 434 from Tuskawiqa Road to the beltway is proceeding with completion before 6
months. The City Coml~ission hired Dover, Kohl & Partners who prepared a Town
Center Plan and Design ~ode centered around the intersection of S.R. 434 and Tuskawilla
Road, Most recently Jo~hi & Associates has expanded the Town Center Plan to include
land extending to the be(tway and extending south of the intersection to include the L.D.
Plate property. The Pial) essentially calls for mixed use developmcnt with various
dcnsities and intcnsities.: A relocated multi-purpose Cross-Seminole Trail would be
..
relocated further eastward on the Schrimsher property. The "Kingsbury Property" has
been considered one oft,he key parcels in the Town Center and would be one of the very
first to be developed :
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7. EXISTING LAND USE OF SUBJECT PROPERTY:
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The parcel is almost con}pletely vacant, with several stands of trees, and a single family
residence to the northea~t corner.
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B. EXISTING LAND USESIADJACENT TO SUBJECT PROPERTY:
North: Vacant, heavily +ooded area.
South: Commercial., an1 vacant wooded area.
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East: Commercial, an, vacant wooded area.
West: Vacant wooded ~rea, 1 residential unit, City Hall.
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C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing:
(County designaion) "Commercial".
Requested: No request mad~ at this time.
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D. FUTURE LAND USE D~SIGNA TIONS ADJACENT TO SUBJECT PROFERTY:
North: Mixed Use. I
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South: Commercial. j
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East: Commercial.!
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West: (County designa~ion) Commercial and Office.
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E. ZONING OF SUBJECT PROPERTY:
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Existing: (County designa~ion) A-I "Agriculture".
Requested: (City deSignati01) C-I "Neighborhood Commercial"
F. ZONING ADJACENT TO SUBJECT PROPERTY:
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No rt h:
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C-2 "Gcncral COlllmcrcial and Industrial",
South:
C-l "Neighborhood Commercial".
East:
C-l "Neighborhood Commercial".
West:
(County designa~ion) A-I "Agriculture".
;
II. REZONING ANALYSES:
A. JUSTIFICA TION FO~ REZONING:
I. The contract pur~haser wishes to begin and expedite the process of marketing and
development 9f~he proposed Town Center. The marketing/sales office is needed
in the centralloc~tion of the "Kingsbury" property to provide visibility and a
meeting place to iconduct the business of development of the Town Center.
2. The contract purphaser, Rohit Joshi of Joshi & Associates, proposes to locate a
marketing/sales qffice on the subject property but cannot do so under the county's
A-I "Agricultur~" Zoning District, which does not have as a permitted use of
marketing/sales qffice. Therefore, he has requested the City's C-I "Neighborhood
Commercial" zorying designation, which allows "sales offices" in Sec. 20-232(51)
City Code. The bounty A-I" Agriculture" designation
B. NUISANCE POTENTIAL OF PROPOSED REZONING TO SURROUNDING
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LAND USES: :
,
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1. The applicant's ~roposed zoning change from county zoning designation A-I
"Agriculture" to the City's zoning designation ofC-l "Neighborhood Commercial
District" is the s<\me zoning of the adjacent parcels to the east and south and
similar to the c-i "General Commercial and Industrial" of the adjacent (Blumburg)
parcel to the north.
2. The marketing/s4les office should not generate any unusual or high decibel level
noise, excessive light emanation or reflection, noxious odors, or traffic that would
cal.lse the Level of Service standard for S.R. 434 to be exceeded.
Ill. FINDINGS:
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TI\e "Kingsbury"! property is designated "Commercial" on the county's Future
L\Ilel Use Map.
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The county has tre parcel zoned A-I "Agriculture", which does not allow for a
marketing/sales qffice, only roadside stands to sell produce grown on the land
(Sec. 30.122 Co~nty Land Development Regulations page 30-61).
.
The City's C-l" eighborhood Commercial" Zoning District is compatible with
the county'sFut re Land Use Map designation of"Commercial".
.
The adjacent par els on the east and south are indicated as "Commercial" on the
City's Official F ture Land Use Map. The parcel to the north is indicated as
"Mixed Use", w 'ch allows for up to 50% commercial gross acreage on the parcel.
.
Adjacent parcels to the east and south are indicated as C-l "Neighborhood
Commercial" on he City's Official Zoning Map.
.
The marketingls les office should not generate any unusual or high decibel level
noise, excessive ight emanation or reflection, noxious odors, or traffic that would
cause the Level f Service standard for S.R. 434 to be exceeded,
IV. STAFF RECOMMEN ATION:
Staff recommends the I anning & Zoning Board recommend approval to the City
Commission the request for rezoning by Rohit Joshi of Joshi & Associates the 17.41 acre
parcel from county zoni ' g designation A-I "Agriculture" to City zoning designation C-I
"Neighborhood Comme cial" Zoning District, based on the Staff Report with findings
above.
ATTACHMENTS:
1. Property b0UI)d .r.y 0fthe 17.41acre "Kingsbury" property.
3. Aerial View of p operty and immediately surrounding area.
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ATTACHMENT E
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CITY OF WINTER SPRINGS
MINUTES
PLANNING AND ZONING UOAROfLPA
SPECIALMEETING-MAY 19.1999
PAGE 2 OF 6
MOTION BY BILL FERNANDEZ. SECONDED BY CARL STEPHENS, JR.
DISCUSSION. THE MOTION TO ADOPT THE IVlINUTES OF MAY 5, 1999
WITH THE ABOVE NOTED REVISION WAS APPROVED WITH CONSENSUS
OF THE BOARD. MOTION CARRIED.
II. REGULAR AGENDA
A. "Kingsbury" Property Rezoning (REZ-2-99)
Mr. Thomas Grimm~, AICP, Comprehensive Planning/Zoning Coordinator gave an
overview of this Agenda Item, and explained the justifications and findings for the
proposed rezoning of this parcel.
The Board and Mr. Grimms discussed various aspects of this case, which dealt with the
possibility of locating a marketing and sales trailer on this parcel. Discussion covered
such aspects as the Town Center District Code, and the future land use designation of this
property.
"I WILL RECOMMEND THAT THE PLANNING AND ZONING BOARD
RECOMMEND APPROVAL TO THE CITY COMMISSION FOR THE
REQUEST BY ROIDT JOSHI OF JOSHI & ASSOCIATES, THE 17.41 ACRE
PARCEL, FROM COUNTY ZONING DESIGNATION "A-I" (AGRICULTURE)
TO CITY ZONING DESIGNATION "C-l", (NEIGHBORHOOD COMMERCIAL)
ZONING DISTRICT, BASED ON THE STAFF REPORTS WITH THE
FINDINGS AS OUTLINED IN 0URMINUTES HERE".
MOTION BY BILL FERNANDEZ. SECONDED BY ROSANNE KARR.
DISCUSSION. VOTE: CARL STEPHENS, JR: AYE; MARC CLINCH: AYE;
TOM BROWN: AYE; BILL FERNANDEZ: AYE; ROSANNE .KARR: AYE.
MOTION CARRIED.
B. Wofford/Slappey Small Scale Comprehensive Plan Amendment (SM-
CP A-2-99)
Mr. Grimms identified the parcel in question, and gave an in-depth explanation on this
proposed project, which involved the request for a change in zoning designation from
County "A-I" (Agriculture) to the City's "C-2" (General Commercial and Industrial)
zonmg.
The Board discussed such aspects as the development of this project; the status of flood
prone areas; cooperative agreements with the City of Oviedo; growth patterns and